The relevance of the research has been determined by the need to develop a holistic concept of civil law regulation of contractual relations in the field of providing of insurance services. In the thesis the concept, legal nature and peculiarities of contractual insurance obligations, their place in the system of civil legal obligations are established, the system, the subject structure, the procedure of conclusion and execution, as well as legal consequences of violation of insurance contracts are determined. Positions regarding the improvement of the mechanism of legal regulation of contractual relations for providing insurance services, as well as areas for regulatory changes are outlined.
In a thesis the scientific and methodological basis for the study of contractual insurance obligations are revealed, the preconditions for the formation and development of the institution of insurance are defined. The concept and structural elements of the mechanism of legal regulation of contractual insurance relations are established, the principles and sources of normative and individual regulation of the corresponding legal relations are analyzed. The conditions for assigning the Insurance Rules to the sources of legal regulation of contractual insurance relations are determined.
The author has defined the common features that unite all contractual insurance obligations in one subtype of contracts, mediates the provision of insurance services in the group of service contracts, and also has provided the classification of insurance contracts.
A distinction between the subject of the insurance contract and the object of insurance has been made, the concept of “insurance service”, its characteristic features have been defined, the types of insurance services, which are provided on the basis of the insurance contract, have been specified. The value of risk in contractual insurance obligations, its characteristic features and constituent elements have been established. The peculiarities of essential conditions of insurance contracts have been revealed.
The author has determined the categories of participants in contractual insurance relations, the signs of the insured and the insurer under the insurance contract, their rights and duties have established. It was found that the insurance organization is endowed with the general legal capacity of a legal entity with a specific capacity as a financial institution. The conditions of distribution of provisions of the Law of Ukraine “On Protection of Consumer Rights” to contractual insurance relations has been defined, the definition of the beneficiary under the insurance contract has been established, and his main responsibilities under the civil liability insurance contract have been established.
It has been established that the specifics of entering into insurance contracts are reflected in its stages. The ways of ensuring the written form of the insurance contract, the legal meaning of the insurance policy, the concept and elements of the fulfillment of the insurance contract, the essence and methods of ensuring the fulfillment of obligations under the insurance contracts, as well as the grounds and procedure for termination of insurance contracts, are determined. It was proposed to fix the definition of the concept of underwriting in the Law of Ukraine “On Insurance”.
The author has defined the signs of offenses in the field of contractual insurance relations, the classification of the legal consequences of breach of contractual insurance obligations has given, the components of the mechanism of civil liability of the parties in insurance obligations have been specified, and the characteristic signs of unilateral refusal from the insurance contract have been determined.
The scientific novelty of the obtained results lies in the fact that for the first time at the dissertation level in the national civil science the contractual insurance obligations have been thoroughly investigated, their systemic theoretical and legal analysis has been carried out, proposals to improve the civil regulation of contractual insurance relations have been formulated and practical recommendations have been proposed.
